Terms of Use

(Last updated August 12, 2013)THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS WEBSITE ON THE WORLD WIDE WEB (THE “SITE”) OF GLYSENS INCORPORATED (“GLYSENS”) AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT GLYSENS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PRODUCTS, SERVICES AND/OR PROGRAMS DESCRIBED IN OR OFFERED ON THIS SITE, IF ANY, AT ANY TIME WITHOUT NOTICE, AND YOU FURTHER AGREE THAT GLYSENS CAN REVISE THESE TERMS AT ANY TIME WITHOUT NOTICE BY UPDATING THIS POSTING. YOU AGREE THAT YOUR CONTINUED USE OF THE SITE AFTER SUCH MODIFICATIONS HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH REVISED TERMS.

Use of the Site. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose except as expressly permitted by GlySens. GlySens and its affiliates reserve the right to refuse service and/or terminate accounts in its discretion, including, without limitation, if GlySens believes that user conduct violates applicable law or is harmful to the interests of GlySens or its affiliates.

Password Protected Areas. Some areas of the Site may be password restricted to registered users (“Password Protected Areas”). If you are a registered user of the Password Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and will not share your password with or disclose your password to any third party. You agree that you are entirely responsible for any and all activities which occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify GlySens of any unauthorized use of your account or any other breach of security in relation to the Site known to you. In the event that you breach any provision in these Terms, GlySens shall be entitled to disable your password to discontinue your use of the Password Protected Areas.

Privacy Policy. Your use of the Site is subject to and governed by the Privacy Policy that is available here.

Use of Copyrighted Materials/Trademarks. Any materials on the Site, including without limitation any screens, documentation, icon, content, text, data, graphics, images, interfaces or other materials or works of authorship, (the “Materials”) are copyrighted materials owned by or licensed to GlySens. All rights are reserved. The Materials contain trademarks, service marks, and trade names which are owned by GlySens and its affiliates, and may also contain brand and product names which are trademarks, service marks, or trade names of third parties which are owned by their respective owners.

Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal use and not for resale or further distribution, subject to the following conditions:1. Any copy of the Materials or portion thereof must include the appropriate copyright notice.2. GlySens reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from GlySens.Any product, technology, process, or service described in the Materials may be subject to other intellectual property rights reserved by GlySens, its affiliates, or third parties. Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark, or other intellectual property rights (“IP Rights”) of GlySens, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to GlySens, its affiliates, and/or any third party, as applicable.

Notices for Copyright Infringement. GlySens respects the intellectual property rights of others, and asks you to do the same. GlySens may, in appropriate circumstances and at its discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please contact GlySens at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Site where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

GlySens’s designated agent to receive notices of copyright infringement is Timothy L. Routh, who can be reached at:

Links to Third Party Websites.This Site may be linked to other websites on the World Wide Web or Internet that are not under the control of or maintained by GlySens. Such links do not constitute an endorsement by GlySens of those websites. You acknowledge that GlySens is providing these links to you only as a convenience, and further agree that GlySens is not responsible for the content of such websites. Your use of other websites is subject to the terms of use and privacy policies located on the linked websites.

Regulatory Disclaimer. The products described on this Site are currently under development and are not approved, cleared, or otherwise available for commercial or public distribution.

Medical Information. The Materials may contain information regarding medical conditions and their treatment. Such information is provided for informational purposes only. It is not intended to replace advice from a doctor or other qualified medical professional. You should not use the information on this Site for diagnosing any health condition, health problem, or disease. Always consult with a doctor or other qualified medical professional concerning diagnosis or treatment of medical conditions.

Disclaimer of Warranty. You acknowledge and agree that this Site may include certain errors, omissions, and outdated information which may affect the quality of the Materials. You acknowledge that the Materials have been independently verified or authenticated in whole or in part by GlySens, and agree that GlySens does not warrant the accuracy or timeliness of the Materials, and further agree that GlySens has no liability for any errors or omissions in the Materials, whether provided by GlySens or its licensors.

GLYSENS, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS-IS” AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

LimitofLiability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLYSENS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE. IN NO EVENT SHALL GLYSENS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF GLYSENS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Additional Rights. Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

Miscellaneous. The Terms shall be governed by the laws of the State of California, U.S.A. without regard to conflict of laws principles. The parties agree that any claim shall be brought in the federal and state courts located in San Diego County, California, U.S.A., and both parties hereby submit to the jurisdiction of such courts. If any provision hereof shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the remaining provisions of the Terms shall not be affected thereby. The failure of GlySens to enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms, together with the Privacy Policy, constitute the parties’ entire understanding regarding the use of the Site and personally identifiable information collected from persons who correspond with GlySens, and supersede any and all other prior or contemporaneous agreements, whether written or oral.